BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 977
                                                                  Page  1

          Date of Hearing:  June 30, 2010

                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
                                Cameron Smyth, Chair
                  SB 977 (Hollingsworth) - As Amended:  May 19, 2010

           SENATE VOTE  :  35-0
           
          SUBJECT  :  Redevelopment: Redevelopment Agency of the County of  
          Riverside.

           SUMMARY  :  Allows the Redevelopment Agency of the County of  
          Riverside to include territory that is now part of the Cities of  
          Menifee, Wildomar, or Indio if, prior to incorporation or  
          annexation of these cities certain conditions were met.   
          Specifically,  this bill  :   

          1)Requires the territorial jurisdiction of the Redevelopment  
            Agency of the County of Riverside (Agency) to include all of  
            the following:

             a)   Former Agency territory within the geographic boundaries  
               of the City of Menifee or the City of Wildomar if, prior to  
               the incorporations, the Agency:

               i)     Entered into a binding agreement with a third party  
                 to produce affordable housing; and,

               ii)    Acquired land or otherwise expended money from its  
                 Low- and Moderate-Income Housing Fund.

             b)   Territory currently within an island of unincorporated  
               territory that is surrounded or substantially surrounded by  
               the City of Indio, after the city's annexation of that  
               territory, if, prior to that annexation, the Agency:

               i)     Entered into a binding agreement with a third party  
                 to produce affordable housing; and,

               ii)    Acquired land or otherwise expended money from its  
                 Low- and Moderate-Income Housing Fund.  

          2)Provides that the provisions of this bill apply retroactively  
            and prospectively to the territory described above. 









                                                                  SB 977
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          3)Allows the Agency to apply housing built in the territory  
            described above to its affordable housing obligation. 

           EXISTING LAW  :

          1)Finds and declares that the fundamental purpose of  
            redevelopment is to expand the supply 
          of low- and moderate-income housing, expand employment  
            opportunities for jobless, underemployed low-income persons,  
            and to provide an environment for the social economic and  
            psychological growth and well-being of all citizens. 

          2)Requires 20% of all tax increment funds allocated to a  
            redevelopment agency must be used for the purpose of  
            increasing, improving and preserving the community's supply of  
            extremely low-, very low-, low- and moderate-income housing  
            unless the agency makes findings that the housing is not  
            needed.

          3)Allows agencies to exercise any or all of its powers to  
            construct, rehabilitate or preserve affordable housing for  
            low- and moderate-income persons including:  donate real  
            property, finance insurance premiums, construct buildings or  
            structures, acquire buildings or structures, rehabilitate  
            buildings or structures, provide subsidies to low- and  
            moderate-income persons, and maintain the communities supply  
            of mobilehomes.

          4)Provides that the housing element shall consist of an  
            identification and analysis of existing and projected housing  
            needs and a statement of goals, policies, quantified  
            objectives, financial resources, and scheduled programs for  
            the preservation, improvement, and development of housing.

           FISCAL EFFECT  :   None

           COMMENTS : 

          1)County boards of supervisors govern 31 of the 425  
            redevelopment agencies.  A county redevelopment agency's  
            territorial jurisdiction is the county's unincorporated area.   
            The territorial jurisdiction of a county redevelopment agency  
            includes all of the unincorporated territory that was in a  
            county's redevelopment project area, even if a city  
            subsequently annexes the territory or a new city incorporates  








                                                                  SB 977
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            on top of the county's redevelopment project area.  There are  
            procedures for counties to transfer control over their project  
            areas to the annexing city or the new city.

          2)The Agency has five project areas.  In 2008, the new cities of  
            Menifee and Wildomar incorporated on top of parts of Riverside  
            County's (County) existing project areas.  Before these  
            incorporations, however, County redevelopment officials  
            acquired land outside of their project areas and signed  
            agreements with a developer to build senior low-income  
            apartments in Menifee (Vineyards) and Wildomar (Tres Lagos).   
            County officials approved the apartment developments before  
            the incorporations took effect.

            Because the properties are inside the new cities, but outside  
            of the County's redevelopment project areas, County  
            redevelopment officials lack the authority to continue with  
            the apartment developments.  They want a legislative  
            declaration that the County Redevelopment Agency's territory  
            still includes those properties, so that they can finish the  
            apartments.


          3)The Agency closed a mobilehome park and relocated the former  
            tenants who used to live in an island of unincorporated  
            territory surrounded by the City of Indio.  To replace the old  
            mobilehome park, County redevelopment officials are promoting  
            the development of an 81-unit affordable apartment project.   
            Riverside County and Indio city officials are cooperating to  
            annex most of the unincorporated island to the City.  The  
            Riverside Local Agency Formation Commission will act on the  
            proposed annexation in late 2010.  However, this  
            unincorporated island is not within one of the County  
            Redevelopment Agency's project areas.

            Because the site will be within the City of Indio, but outside  
            of the County's redevelopment project areas, County  
            redevelopment officials will lose the authority to continue  
            with the apartment development.  They want a legislative  
            declaration that the County Redevelopment Agency's territory  
            still includes that property, so that they can finish the  
            apartment project.

            SB 977 declares that the territorial jurisdiction of the  
            Agency includes territory that is surrounded by the City of  








                                                                  SB 977
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            Indio where, before its annexation by Indio, the Agency: (1)  
            entered a binding agreement with a third party for affordable  
            housing, and (2) acquired land or spent money from its Low and  
            Moderate Income Housing Fund.

           4)Support Arguments  :  Supporters argue without transferring  
            these properties into the jurisdiction of the Agency many of  
            the projects that were scheduled to occur would not be able to  
            come to fruition. 

             Opposition Arguments  : None at this time.  

          5)This bill was double-referred to the Committees on Housing and  
            Community Development, where it passed with a 9-0 vote on June  
            16, 2010, and to Local Government.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          County of Riverside [SPONSOR]
          Cities of Indio, Menifee, and Wildomar
           
            Opposition 
           
          None on file

           Analysis Prepared by  :    Katie Kolitsos / L. GOV. / (916)  
          319-3958